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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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What is the difference between a condo HOA Corporation and a

Customer Question

What is the difference between a condo HOA Corporation and a Mutual Benefit Corporation?
We live in Ocean Hill Country Club, formerly called Leisure Village, which has 1,632 homes built around a gold course, and we want to get a restraining order or cease and desist order to stop the wholesale destruction of our beautiful mature trees and lawns. A few people have made the decision to do this mass destruction which will surely affect our property values and has already made us sick after breathing the Roundup that was sprayed on some of the yards already. We need to act quickly to stop any further destruction. We have started a petition and have had very good response from people who do not want Roundup sprayed, do not want our mature trees cut down and want 25-30 year old irrigation system upgraded and our lawns restored. Their are 8 village boards and they stopped watering and maintaining our front yards which is their responsibility under our governing documents! Our once beautiful commuity looks terrible now! This was done because they planned to tear everything out and replace trees and grass with drought tolerant plants and youndg"stick" trees that talke a lot more water than our mature trees! A new drought-inspired state law allows this if the HOA's CC&R's would prevent drought tolerant changes. However, we homeowners know that wanting to keep our mature trees is not PREVENTING drought tolerant measures--it is HELPING conserve water as young, newly planted trees will take much more water for at least the first year and half. Also, by replacing our old spray sprinkler heads with stream rotating heads we would save 20% more water and be able to control the runoff problems we have now. Many people that live here cannot afford to pay the higher dues and special assessment it is going to take to pay to re-lamdscape 1,632 front yards as none of the 8 villages planned for this in their reserves. The reserves were only based on usual repairs, not total replacement. We need a restraining order as soon as possible. Who should we go to? All the law firms we have researched only represent the large developers, the HOA management companies or the HOA Boards of Directors.
Is there any attorney who can help a group of HOA homeowners?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma...but not sure I understand the question. Who is spraying the roundup and where are they spraying?

Are these members of your HOA spraying on HOA property?

Customer: replied 1 year ago.
The various village HOA Board of Directors made the decision to remove the grass and mature trees and replace them with a desert-like drought tolerant landscape. They claim they gave homeowners sufficient notice by discussing the issue in their regular board meetings, however we read the minutes of our 5 member Board (we have 121 homes in our Village of Hydra) and the minutes lack mention of their drastic plans. Some homeowners were enjoying their retirement and traveling and were not able to attend the HOA meetings. Some homeowners have become discouraged with attending the meetings, because the Board ignores what the other homeowners want and do what they have been convinced is the right thing to do by Van Dyke Landscape Architects, which stands to make millions by totally re-landscaping 1,632 front yards of us retired "old folks". They are trying to destroy our beautiful established landscape which attracted many of us here in the first place, before we have a chance to react. Van Dyke was hired by some of the Village Boards already to put out bids to sub-contractors, hire the subcontractors and oversee their work. Two subcontractors, O'Connell Landscape and Pacific West Landscape have already sprayed Roundup on some yards, dug up 3-4" of dirt with bulldozers and cut down all the carrotwood trees. Many homeowners are horrified. Some of us, including Linda, have experienced a severe reaction after walking by the yards that were sprayed with roundup. How can we get a restraining order as soon as possible?
Expert:  P. Simmons replied 1 year ago.

Thank you

And sorry for the delay. I was called away.

You mention restraining you want an order that that restrains what? You want to order that the HOA board not contract with Pacific West?? Or order that the HOA not allow round up??